Written by

Detroit Free Press Staff Writer

A Macomb County Circuit Court judge today took under advisement a motion from the Detroit Institute of Arts asking him to dismiss a lawsuit filed by five Macomb County residents who say the museum breached its contract with voters when it denied them free admission to the Faberge exhibition.

The residents have asked that the DIA’s motion be denied.

During a hearing today, Judge John C. Foster decided to take the matter under advisement and issue an opinion.

The residents, supporters of a taxpayers group that opposed a millage for the DIA, filed the lawsuit in December. It came after voters in Macomb, Oakland and Wayne counties passed a 10-year property tax millage to support an art institute authority. In return for the millage approval, the DIA promised free admission to the museum for tri-county residents.

The residents have stated the service agreement between the DIA and the Macomb County Art Institute Authority provides free access to special exhibitions. They have stated that neither advertisements, personal appeals nor the service agreement exclude special exhibitions from free, unlimited museum admission.

The DIA has stated the agreement does not require free admission to special exhibitions within the museum and that what free museum admission meant was discussed with county officials and arts authority members. In an affidavit, the chairman of the board of the art authority said the authority understood free museum admission to be general admission, not free admission to special exhibitions.